Van Dyck Law, LLC is a full service Estate Planning & Elder Law practice. They write about comprehensive planning in the areas of wills, trusts, powers of attorney, medical directives, Elder Law and probate & estate administration.

07/06/2017

How Do I Collect as the Sole Beneficiary for a Family Member Who Lives Out-of-State?

“A power of attorney is a document that authorizes the designated agent, known as the attorney-in-fact, to engage in financial transactions for the principal, who is the person who gave the authority to the agent.”

NJ.com’s recent article, “Inheriting money from out-of-state relative,” explains that with a power of attorney, you will be able to manage the family member's affairs during his lifetime, if he or she is unable to do so. However, a power of attorney stops at the death of the principal.

When considering the tax ramifications, there are two distinct types of taxes that may be imposed by a state where the person is a resident at the time of their death. An estate tax may be imposed on the estate of an individual before the property is transferred to the beneficiary. There is also the inheritance tax. This tax is imposed on certain individuals who inherit property from an estate. Whether a state estate tax or inheritance tax must be paid, is dependent on the laws of the state where the person was a resident at the time of death, not the state where the beneficiary lives.

The estate of a person who is a resident of New York and dies between April 1, 2017 and Dec. 31, 2018 is subject to a New York estate tax, only if the value of the estate exceeds $5.25 million. On January 1, 2019, the New York estate tax exemption will equal the federal estate tax exemption. It is anticipated to be about $5.9 million.

In some states, the relationship between the testator and the heirs may make them subject to an inheritance tax.

If the relative, for example, owns real property in New Jersey, there’s an inheritance tax of 15% imposed by the state on the value of that real property. When a person inherits the estate assets, there would be a step-up in basis for any appreciated assets. This means that there shouldn’t be any capital gains tax on those assets, if they’re disposed of for the date of death values.

Talk to a qualified estate planning attorney to understand the consequences for you and your family member's estate.